This thesis seeks to provide a comprehensive overview of the extent and use of public inquiries appointed by the Commonwealth government since federation. Given the increased incidence in public inquiries since the 1970s, particular attention is given to assessing inquiries during this period. The thesis develops a clear definition of public inquiries to better identify the number established and to distinguish them from other advisory institutions and to allow more accurate comparison of their use by different governments over extended timeframes. The thesis addresses a number of key issues concerning public inquiries such as the reasons for their appointment, their roles and functions in the political system, their powers of investigation, processes of operation, their different organisational forms and their impact on policy development. In addition, the thesis seeks to explain both the long term use of public inquiries in Australia, and in particular their increased incidence since the 1970s. Supported by new data, and a more rigorous definition of public inquiries, the thesis identifies trends in the number and type of public inquiries appointed, their use by different governments, the range of issues investigated, the processes employed and the changing composition of their memberships. The thesis proposes that an important means of explaining the continuing appointment of inquiries is their intrinsic 'publicness' - their public appointment, external membership, temporary nature, open processes, and public reporting arrangements. This 'publicness' has given public inquiries a particular standing and legitimacy in the political system that for a variety of reasons, other institutions are increasingly unable to provide. Other issues concerning public inquiry appointment such as the effect of government partisanship, the impact of the electoral cycle, and the political motivations of governments are also assessed. A number of theories such as public choice are examined in relation to explaining inquiry appointment and found to have limited application in providing an overall explanation of inquiry use and their functions. These different issues are analysed by examination of many individual inquiries and supplemented by in depth assessment of three clusters of case studies. The case studies cover seven inquiries of different types and powers appointed over a twenty year period by both Labor and Coalition governments into a range of different fields including public sector reform, allegations of corruption and maladministration and financial deregulation. Each set of case studies examines why the inquiries were appointed, their classification and type, the processes employed, the form and content of their reports, and their policy impact. The thesis concludes that in examining why public inquiries are appointed and their roles in the political system, they need to be assessed not just by the effectiveness of their processes or the quality of their advice. These are important, but alone are not sufficient in explaining the persistent use of inquiries by all governments and their proliferation since the 1970s. The thesis contends that it is the 'publicness' of inquiries which distinguishes them from other advisory bodies and gives inquiries particular standing in the Australian political system to be perceived to be able to legitimately investigate and advise on a wide of issues. Despite the growth of other advisory bodies in recent times, public inquiries have continued to be appointed in increasing numbers since the early 1970s regardless of the government in power and therefore need to be seen less as an aberration of the Australian political system and more as an important, if often understudied, component. Future research areas recommended include the need for greater comparative analysis of their use with other Westminster democracies such as the United Kingdom, Canada and New Zealand.

An employee is usually entitled to representation in a disciplinary hearing. The question arises whether this representation includes legal representation or whether it is limited to representation by union representatives or a fellow employee? An employee's right to legal representation will in most cases be determined by a collective agreement, the employment contract or a disciplinary code. Over the years the Courts have indicated that they are not prepared to grant an absolute right to legal representation in disciplinary enquiries. Yet in some cases the courts found legal representation to be a sine qua non for a fair hearing and an intrinsic part of natural justice. It seems that the conclusion that can be drawn from this research is that legal representation might soon become a requirement for a fair disciplinary hearing in serious and complex matters. This research looks at numerous decisions both in die public and private sector before and after 1994. The right to legal representation is also discussed in the light of a fair hearing. The various advantages and disadvantages of legal representation are briefly examined. It is argued that all employees should be granted legal representation in complex and serious matters where the employee is likely to be dismissed. It is thus said that all presiding officers should be granted a discretion to allow legal representation in serious and complex matters. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.

BEYOND THE NUMBERS: CONFIDENTIAL ENQUIRIES INTO MATERNAL DEATHS IN ACCRA-GHANA Researcher: Afisah Yakubu Zakariah Universite Libre de Bruxelles- School of Public Health Reproductive Health and Epidemiology of Perinatal Health Unit Brussels-Belgium Afiyakzak@yahoo.com Promoter: Professor Sophie Alexander-Karlin Universite Libre de Bruxelles- School of Public Health Reproductive Health and Epidemiology of Perinatal Health Unit Brussels-Belgium salexand@ulb.ac.be Co-Promoter: Professor Jos van Roosmalen Leiden University Medical Centre Department of Obstetrics and Gynaecology Leiden-The Netherlands J.J.M.van_Roosmalen@lumc.nl "A thesis submitted for the Degree of Doctor of Philosophy in Public Health Sciences Universite Libre de Bruxelles-School of Public Health Reproductive Health and Epidemiology of Perinatal Health Unit. November, 2008. EXECUTIVE SUMMARY Background Maternal mortality remains a severe problem in many parts of the world, despite efforts to reach MDG 5. Assessing progress towards this goal is difficult because maternal mortality is difficult to measure and the information available at country level does not generally permit the establishment of good baseline data. Countries with high maternal mortality ratios neither have adequate vital registration systems nor adequate resources to carry out surveys. Only few low-income countries have been able to establish a comprehensive reporting system and even where such vital registration systems are in place, maternal deaths are often underreported or misclassified as non-maternal even in large well developed cities. Ghana belongs to the group of low-income countries with high maternal mortality ratios (point estimate 560, lower bound 200 and upper bound 1300) per 100,000 live births and inadequate data on maternal deaths. Previous studies have demonstrated that most of these deaths could be prevented with existing effective practices. In this dissertation, we looked at the registration system of births and deaths in the Greater Accra Region of Ghana. We assessed completeness of registration of maternal deaths and data quality. We also looked at the degree of underreporting of maternal deaths, assessed causes of maternal deaths and substandard care of these cases through a confidential enquiry. This enabled us to identify problems associated with measuring of maternal mortality in Ghana and the standard of care of the cases. Through our findings we were able to make recommendations to achieve MDG 5 in the country by 2015 if implemented. Other maternal and child health (MCH) interventions were also looked as working to improve MCH is a continuum, and no aspect should be neglected. The first relates to seeking evidence based practice in presence of potentially complicated obstetrical conditions like premature rupture of membranes and the second pertains to preventive activities in MCH and concentrates on the results of tetanus immunisation of women in their reproductive age in the Northern Region of Ghana. Objectives 1. To assess the precision (quality) of civil registration of maternal deaths in Ghana 2. To identify the magnitude of maternal deaths using multiple sources and assess the degree of underreporting of these deaths 3. To identify the root causes and related factors of the identified maternal deaths as well as classify the deaths 4. To assess the level of substandard care in maternal deaths in order to identify weakness in the Ghanaian maternity care system and propose locally relevant and affordable solutions to improve maternity care in Ghana 5. To discuss the results of the research with the Decision makers and health care providers leading to an adoption of the method at national level and a reduction of maternal mortality in Ghana as a whole 6. To assess risk factors and management of premature rupture of membranes and make recommendations that will address avoidable complications 7. To assess challenges of other maternal and child health interventions like Tetanus Toxoid immunization in women of reproductive age group and formulate recommendations to increase the coverage in this group. Organization of dissertation This dissertation contains eight chapters. Chapter one is on general introduction, which gives an overview of the problems associated with the reduction of maternal mortality by literature review. Chapter two highlights the profile of Ghana and the Health system Chapter three is on maternal mortality in the Greater Accra region of Ghana for the year 2000. In this chapter, we assessed completeness of registration and data quality as well as the sensitivity and specificity of the civil registration system to capture maternal deaths in Ghana. Chapter four discusses Reproductive Age Mortality Survey (RAMOS) conducted in Accra city (Metropolis) for the year 2002. It showed how effective the method is in identifying maternal deaths using multiple sources approach. In this study, we aimed at identifying the magnitude of maternal deaths in the city and the degree of underreporting during the study period. Chapter five elaborates the main content of this thesis, which is on confidential enquiries into maternal deaths for the year 2002. This chapter deals solely with the seventy three cases of maternal deaths that were identified during the study period (1st January 2002-31st December 2002) with adequate information surrounding the deaths. We identified the root causes and related factors of the identified maternal deaths as well as their classification. We also assessed the level of substandard care in maternal deaths, identified weaknesses in the Ghanaian maternity care system and proposed locally relevant and affordable solutions to improve maternity care in Ghana. Chapter six is on controversy of management of premature rupture of membranes at term. We reviewed systematically the existing evidence on expectant management of PROM and prompt delivery after a premature rupture of membranes at term and gave an answer to this controversy. Chapter seven assessed challenges of other maternal and child health interventions like Tetanus Toxoid immunization in women of reproductive age group and formulated recommendations to increase the coverage in this group. Chapter eight gives the general discussion, conclusion and recommendations. Main results and conclusion The study on the assessment of completeness of registration and data quality of maternal deaths in the Greater Accra Region of Ghana found the process of registration of maternal deaths in the Region to be incomplete even though there is a system of registration of deaths in Ghana. We identified the major causes of under registration of maternal deaths during the study as omission of pregnancy status in the registers. Pregnancy status is not systematically noted in the registers and the death certificate forms. Other contributing factors to the under registration of maternal deaths were erroneous classification of maternal deaths as non-maternal and imprecision in the death certification and registration. The study on Reproductive Age Mortality Survey (RAMOS) in Accra city (Metropolis) for the year 2002 has almost doubled the officially reported figures, which showed that the method is effective in identifying maternal deaths using multiple sources approach. The findings of the confidential enquiries into maternal deaths for the year 2002 showed that the proportion of maternal deaths associated with substandard care factors at various levels is high in the Metropolis even though the city has the best medical services in the country. The study on the controversy of management of premature rupture of membranes at term shows that prompt delivery after the membranes are ruptured averts many complications both for the mother and the baby. It is presented as an illustration of how evidence based guidelines can be instrumental in challenging the maternal mortality problem In the study on challenges of maternal and child health interventions like Tetanus Toxoid immunization in women of reproductive age, we found out that the tetanus toxoid vaccine was perceived as an anti fertility drug by those who refused to be vaccinated. Among other reasons for refusal was complete authority over wives by their husbands and therefore not allowing them to be vaccinated. It also is an illustration of the role of good organisation of care in meeting MDGs 4 and 5. We finally conclude that, even in environments with limited resources, most maternal deaths can be prevented if appropriate measures are put in place to prevent their occurrence. Key words: Maternal mortality, registration, underreporting, RAMOS, confidential enquiries, sub-standard care, PROM.

An employee is usually entitled to representation in a disciplinary hearing. The question arises whether this representation includes legal representation or whether it is limited to representation by union representatives or a fellow employee? An employee's right to legal representation will in most cases be determined by a collective agreement, the employment contract or a disciplinary code. Over the years the Courts have indicated that they are not prepared to grant an absolute right to legal representation in disciplinary enquiries. Yet in some cases the courts found legal representation to be a sine qua non for a fair hearing and an intrinsic part of natural justice. It seems that the conclusion that can be drawn from this research is that legal representation might soon become a requirement for a fair disciplinary hearing in serious and complex matters. This research looks at numerous decisions both in die public and private sector before and after 1994. The right to legal representation is also discussed in the light of a fair hearing. The various advantages and disadvantages of legal representation are briefly examined. It is argued that all employees should be granted legal representation in complex and serious matters where the employee is likely to be dismissed. It is thus said that all presiding officers should be granted a discretion to allow legal representation in serious and complex matters. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.

Cette enquête vise à proposer une issue à un problème simple : l'histoire des rapports entre nature et société dans les Alpes au XVIIIe et au XIXe siècles ne peut se faire qu'au prix d'une intense réflexion sur les instruments d'objectivation de ces rapports, c'est-à-dire au prix d'une remise en question de ce qui est naturel pour l'enquête historique (Livre 1). En repoussant les schèmes de pensée qui accueillent si aisément au sein de l'analyse, la nature naturelle du naturaliste du siècle des Lumières, il s'agira de se rendre capable de prendre en considération le type de relation que l'immense majorité des individus a toujours entretenu avec certains non-humains jusqu'à une époque très récente : ce qu'on doit appeler la nature-propriété. Sous l'Ancien Régime, la nature était toujours et avant tout quelque chose que quelqu'un possédait juridiquement avant d'être quelque chose qu'une infime minorité regardait, contemplait ou observait. Cette chose constituait l'individu propriétaire : elle le renforçait, augmentait sa puissance d'agir, l'enrichissait face aux autres ; ce qu'on peut désigner par la « nature-richesse(+) » qui servit à l'État pour le calcul des capacités contributives de ces propriétaires contribuables sur lesquels reposaient la stabilité du collectif politique et la richesse nationale (Livre 2). Dans certaines situations particulières, appelées « accidents » par les acteurs, cette nature a aussi pu apparaître comme une nature-perte : lorsque ces propriétaires contribuables perdaient tout ou partie de leur nature-propriété. Cette perte les affaiblissait, diminuait leur puissance d'agir, les appauvrissait face aux autres ; ce qu'on peut désigner par la « nature-richesse(–) » qui conduisit le collectif politique, auquel appartenaient ces individus diminués face aux autres, à instituer des procédures permettant de réévaluer puis de compenser les variations, passagères ou définitives, de leur capacité contributive individuelle (Livre 3). Ainsi, au lieu de se servir des discontinuités naturelles pour penser les discontinuités sociales, les sujets dauphinois, puis, plus tard, les citoyens isérois, utilisèrent les catégories élémentaires de la vie sociale, en l'occurrence l'impôt et la propriété, pour penser leurs rapports à certains non-humains comme la terre, la forêt, l'orage, la grêle, l'eau, le bétail, les fruits, l'herbe et les montagnes. Or, cette perspective d'analyse n'apparaît renversée que pour l'enquêteur qui a déjà la tête à l'envers ; la possibilité d'écrire cette histoire sans renverser personne est précisément l'enjeu d'une refonte de la perspective d'analyse classique de l'histoire environnementale. Ce travail rend donc compte des raisons pour lesquelles il ne faut plus étudier les « inter-relations entre nature et culture », et des efforts à fournir pour parvenir à « écrire la nature » : en se donnant les moyens réflexifs de décrire des systèmes de relations complexes, largement produits au sein du champ bureaucratique de l'État moderne, pour établir des grilles d'équivalence naturelles entre les individus, selon un critère social naturalisant : la richesse. Une telle approche permet alors de comprendre comment la nature a pu rendre pauvre et comment se sont co-construits les processus de naturalisation de la pauvreté et d'objectivation de la nature (Livre 4). / L'auteur n'a pas fourni de résumé en anglais.

O presente estudo analisa a produção de discursos em torno da idéia de criança abusada sexualmente, analisando mais especificamente os discursos engendrados a partir da circulação dessas crianças ao longo do Sistema de Garantia de Direitos da Criança e do Adolescente. Nesse sentido, as pesquisas de Foucault são tomadas como referência, em sua proposta de realizar o empreendimento de uma história da verdade. Dessa forma, são estudados 9 (nove) processos de uma Vara Criminal da Comarca do Rio de Janeiro, onde crianças figuram como vítimas de crimes qualificados nos art. 213 e 214 (CP), especialmente os documentos nos quais ficam registrados os exames e as inquirições das crianças. Na análise de tais documentos, também são consideradas as discussões estabelecidas pelos historiadores acerca da utilização das fontes orais como ferramenta na produção histórica. Ao término das pesquisas, por um lado, as situações caracterizadas como abuso sexual intrafamiliar aparecem mais fortemente investidas de procedimentos judiciais, tendo produzido mais documentos com a fala das crianças e de outros atores, que falam sobre as crianças. Por outro lado, as crianças envolvidas em situação caracterizada como abuso extrafamiliar são submetidas somente aos procedimentos exigidos pela lei penal, apontando para a capacidade de elementos discursivos, constituintes do abuso sexual infantil, estarem produzindo uma nova figura de criminoso dentro da família: o pedófilo que abusa de seus próprios filhos. / The present study analyses the production of discourses around the idea of a sexually abused child, taking in account more specifically the discourses engendered from the circulation of these children in the System of Guarantee of Childrens and Adolescents Rights. This way, Foucaults researches are taken as reference, in his purpose to enterprise a history of the truth. Therefore, 9 (nine) lawsuits of a Criminal Court of the Judicial District of Rio de Janeiro are studied, where children are portrayed as victims of crimes qualified in the art. 213 and 214 (CP), especially the documents in which are registered the childrens exams and enquiries. The debates established among the historians about the use of oral sources as a tool in the historic production are also considered in the analysis of such documents. At the end of the researches, on one hand, the situations characterized by intrafamiliar sexual abuse appear more strongly invested of judicial proceedings, which have produced more documents with the speech of the children and of other actors who speak about the children. On the other hand, the children involved in situations characterized by extrafamiliar abuse are only submitted to procedures which are required by criminal law, suggesting that the capacity of elements of discourse that constitute the children sexual abuse, has been producing a new profile of criminal inside the families: the pedophile who abuses their own children.

O presente estudo analisa a produção de discursos em torno da idéia de criança abusada sexualmente, analisando mais especificamente os discursos engendrados a partir da circulação dessas crianças ao longo do Sistema de Garantia de Direitos da Criança e do Adolescente. Nesse sentido, as pesquisas de Foucault são tomadas como referência, em sua proposta de realizar o empreendimento de uma história da verdade. Dessa forma, são estudados 9 (nove) processos de uma Vara Criminal da Comarca do Rio de Janeiro, onde crianças figuram como vítimas de crimes qualificados nos art. 213 e 214 (CP), especialmente os documentos nos quais ficam registrados os exames e as inquirições das crianças. Na análise de tais documentos, também são consideradas as discussões estabelecidas pelos historiadores acerca da utilização das fontes orais como ferramenta na produção histórica. Ao término das pesquisas, por um lado, as situações caracterizadas como abuso sexual intrafamiliar aparecem mais fortemente investidas de procedimentos judiciais, tendo produzido mais documentos com a fala das crianças e de outros atores, que falam sobre as crianças. Por outro lado, as crianças envolvidas em situação caracterizada como abuso extrafamiliar são submetidas somente aos procedimentos exigidos pela lei penal, apontando para a capacidade de elementos discursivos, constituintes do abuso sexual infantil, estarem produzindo uma nova figura de criminoso dentro da família: o pedófilo que abusa de seus próprios filhos. / The present study analyses the production of discourses around the idea of a sexually abused child, taking in account more specifically the discourses engendered from the circulation of these children in the System of Guarantee of Childrens and Adolescents Rights. This way, Foucaults researches are taken as reference, in his purpose to enterprise a history of the truth. Therefore, 9 (nine) lawsuits of a Criminal Court of the Judicial District of Rio de Janeiro are studied, where children are portrayed as victims of crimes qualified in the art. 213 and 214 (CP), especially the documents in which are registered the childrens exams and enquiries. The debates established among the historians about the use of oral sources as a tool in the historic production are also considered in the analysis of such documents. At the end of the researches, on one hand, the situations characterized by intrafamiliar sexual abuse appear more strongly invested of judicial proceedings, which have produced more documents with the speech of the children and of other actors who speak about the children. On the other hand, the children involved in situations characterized by extrafamiliar abuse are only submitted to procedures which are required by criminal law, suggesting that the capacity of elements of discourse that constitute the children sexual abuse, has been producing a new profile of criminal inside the families: the pedophile who abuses their own children.

The aim of this study is to through six interviews, with six experienced, social workers’, in three cities, understand how the child’s position in the Swedish child protective services’ enquiries has change, and the factors behind it. The aim is also to compare if the social workers’ view of the child’s position in the enquire has change accordingly to Socialstyrelsens intentions of BBIC. The theoretical approaches that was used is the new institutionalism, the Shier’s pathways to participation and the term discretion. The results of the study shows that through the perspective of social workers, the factors that helped the child’s position to improve are the new organization of working patterns and the new documentation system, the new mindset of the social workers’ and the way the social workers’ talk to the children. The study also shows that through the child’s position in child protective enquiries has improved accordingly to Socialstyrelsens intentions of BBIC.

Syftet med denna studie är att undersöka vårdnadsdomar och vårdnadsutredningar från tingsrätt och familjerätt där beslut och förslag till beslut inte är lika. Studien ämnar undersöka på vilket sätt domaren/domarna (juristen) anser sig ha ett bättre beslut i vårdnadsmålen jämfört med familjerättssekreterarens (socionomens) och hur detta kan avläsas i de domar där de två professionerna inte tycker lika. Är det rena juridiska felbedömningar som familjerättssekreteraren har gjort eller är det andra rekvisit och tolkningar som förekommer? Har en domare bättre kunskap att bedöma barns bästa än familjerättssekreteraren? Hur utmärker sig de två professionerna i det skrivna språket kring sitt egna handlingsutrymme? Studien har analyserat domar och vårdnadsutredningar med diskursanalys som metod för att belysa den professionsproblematik som studien syftar till att undersöka. Tre olika vårdnadsfall med tingsrättsdomar och vårdnadsutredningar har granskats. I ett fall finns även en hovrättsdom. De slutsatser som kommer fram i jämförelserna av empirin är att det råder en starkare självsäkerhet hos juristen i handlingsutrymmet kring att utföra sin profession, jämfört med socionomen. Det skrivna språket behandlas på olika sätt och med olika grader av självförtroende och säkerhet i påståenden, beroende på profession. / The aim of this study is to analyse the child custody enquiry with the custody judgements form the family law department and the court when the proposition for resolution and the decision is not concistent. The study aim to examine in what way the judge (lawyer) consider themselves to have a better decision in the family cases than the family law caseworker (the social worker) when the two professions do not agree. Is it the judicial intepretation done by the family law caseworker that is wrong, or is it the necessary prerequisite and other legal opinions which occours in the texts? Does the judge have better knowledge to assess the best interests of children than the family law caseworker? How do the two professions in the written language distinguish themselves about their own space of action? The study has analyzed judgments and custody enquires with discourse analysis as a method of highlighting the professional problem that the study aims to investigate. Three different custody enquires with district court cases have been examined. In one case there is also a judgement from the court of appeal. The conclusions that emerge in the comparisons of the material are that there is greater self-assurance of the lawyer in the action room in pursuit of his or her profession, in comparison with the social worker. The written language is treated in different ways and with different degrees of self-esteem and security in claims, depending on the profession.

This doctoral thesis is situated within the digital design field of architecture, and is a continuation of the licentiate thesis Architectural Prototypes: Modes of Design Development and Architectural Practice, presented at the KTH School of Architecture in 2008. The doctoral thesis investigates the current status of the digital design field of architecture, and identifies a number of related discourses. Within this field, it identifies a period of formation, which in recent years has turned into a process of reformation. It contributes to this ongoing reformation by proposing two alternate areas of future practice and research within the field. A speculative approach is considered to be important for a continued mode of exploration within the field, and is suggested as away to bring new scope to the digital design field. A number of key terms from the field of science fiction studies have been investigated to support the construction of a speculative framework for further development. A strategic approach is regarded as crucial to the way new design potentials that have emerged within the digital design field to be implemented into general architectural practice, and to further inform the field itself. Key concepts have been imported from the field of strategic management in the formulation of a framework for digital design strategies. The notion of the prototype, as explored in the previous licentiate thesis, resurfaces as a prototypical approach, which could be equally employed in the speculative approach and the strategic approach. The doctoral thesis is also situated within the field of research-by-design, in the way architectural design projects have been facilitated as contextualized experiments, selected, documented and aligned in regard to terminology, and analyzed through a series of design project enquiries. / QC 20120528